STATE OF HIMACHAL PRADESH Vs. SUMIT KUMAR

JUDGEMENT

(1.) Assailing the judgment dated 29.11.2007, passed by Addl. Sessions Judge-II, Kangra at Dharamshala, H.P., in Sessions Case No. 35-K/VII/2003, titled as State of Himachal Pradesh vs. Sumit Kumar, whereby accused stands acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) Smt. Reeta Kumari (deceased) was married to accused Sumit Kumar sometime in the year 1997. On 26.11.2002 at about 2.30 a.m., deceased suffered burn injuries and was brought to Civil Hospital Kangra, where she was examined by Dr. Amar Verma (PW-2). Police was immediately informed and HC Dalip Kumar (PW-15), after reaching the hospital, recorded statement (Ext. PW-2/D) of the deceased to the effect that she sustained injuries as a result of an accidental fire. For better treatment, she was referred to another hospital and eventually admitted at Government Hospital, Sector 32 Chandigarh. However unfortunately, on 2.12.2002 she breathed her last at 4.45 p.m. and when police learnt about such fact, SI Prem Chand (PW-21) travelled to Chandigarh, where on 3.12.2002 at about 4.00 p.m., he recorded statement of complainant Vinod Kumar (PW-3), brother of the deceased, which led to registration of F.I.R. No. 394 of 2002 (Ext. PW-17/A) in the early hours of 4.12.2002. Investigation so conducted by SI Pritam Singh (PW-20) and SI Prem Chand (PW-21) revealed it to be a case of murder. By sprinkling kerosene oil accused had set the deceased on fire resulting into her death.

(3.) Prima facie, on the presentation of challan, finding the prosecution to have made out its case, trial Court charged the accused of having committed an offence punishable under the provisions of Section 302 of the Indian Penal Code. From the testimonies of 22 prosecution witnesses, trial Court did not find the prosecution to have established the guilt of the accused and as such acquitted him of the charged offence.